A group of Nigerian lawmakers, known as the Save Democracy Group (SDG), has urged the immediate reconvening of the National Assembly to address questions surrounding President Bola Tinubu's extended vacation abroad. Tinubu departed Abuja on August 30 for a three-week working vacation, but his stay has been extended, sparking debate over the constitutional procedure for transferring presidential functions during a temporary absence. The lawmakers want to establish whether Tinubu transmitted a written declaration required under the 1999 Constitution before or during his extended vacation.

According to the 1999 Constitution, when the President proceeds on vacation or is unable to discharge their functions, they must transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives. If the President fails to transmit the declaration within 21 days, the National Assembly can mandate the Vice-President to perform the functions of President as Acting President. The SDG is seeking clarity on whether Tinubu transmitted the required declaration to Senate President Godswill Akpabio and Speaker Tajudeen Abbas.

The SDG, represented by Awaji-Inombek Abiante and Abubakar Kusada, issued a statement on Wednesday, calling for the leadership of both chambers to publicly clarify the matter. The group argued that any uncertainty over the constitutional status of the President and Vice-President should be resolved through the provisions of the Constitution. They emphasized that if a declaration was transmitted, the President of the Senate and the Speaker of the House of Representatives should make this fact clear to Nigerians.

If no declaration was transmitted, the 21-day period has elapsed, and the National Assembly should take the step provided for under Section 145(2) of the Constitution, the SDG said. The group rejected the argument that Tinubu's continued communication with government officials from abroad settled the constitutional question, emphasizing that the issue is whether the Constitution has been obeyed. Tinubu has continued to direct government affairs while abroad, and the administration has stated that he remained in contact with officials in Nigeria.

Vice-President Kashim Shettima travelled to New York on September 20 to represent Nigeria at the 81st United Nations General Assembly. He attended the opening of the General Debate and is scheduled to deliver Nigeria's national statement. The SDG has urged Akpabio and Abbas to reconvene both chambers and determine the constitutional status of the President's absence.

The group has also asked lawmakers to adopt the required resolutions mandating Shettima to perform the functions of President as Acting President if it is established that Tinubu did not transmit the required declaration within the stipulated period. The SDG cited Botswana as an example of a system where temporary transfers of presidential authority are clearly provided for, emphasizing the need for constitutional continuity to be clear, formal, and transparent.

The development has triggered renewed debate over the constitutional procedure for the transfer of presidential functions during a temporary absence. The SDG's call for clarity has added to the growing concerns about the implications of Tinubu's extended vacation on the country's governance. Key points include:

Key points

  • The Save Democracy Group is demanding clarity on whether President Tinubu transmitted a written declaration required under the 1999 Constitution before or during his extended vacation abroad.
  • The group is urging the National Assembly to reconvene and determine the constitutional status of the President's absence.
  • The SDG is also calling for the adoption of resolutions mandating Vice-President Kashim Shettima to perform the functions of President as Acting President if necessary.

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SaharaWire

Reporting for SaharaWire from the Nairobi bureau.